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22 September 2023 / Michael Zander KC
Issue: 8041 / Categories: Opinion , Constitutional law , International
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Insurrection & court intervention: A high-stakes gamble?

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Could legal proceedings stop Trump from standing for election? Michael Zander raises doubts about the attempt to remove the former president from the ballot

Donald Trump has promised he will run for election in 2024 even if he is convicted on any of the serious criminal charges he faces in both federal and state courts. Surprisingly, there is nothing in the US constitution that would bar him from being president after any such conviction. But there is a provision in the constitution that could stop him being elected—by barring him from being a candidate in the first place.

Sweep & force

Section 3 of the 14th amendment provides that no person shall hold public office who, having taken an oath as an officer of the United States to support the constitution of the United States, ‘shall have engaged in insurrection or rebellion against the same’.

Section 3 was ratified in 1868 in the aftermath of the Civil War. Its purpose was to prevent secessionists from returning

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NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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